Title 42 — Public Utilities and Carriers and Energy Programs
13 chapters · 434 sections in this title.
AS 42.40.020 Board of directors.
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(a) The powers of the corporation are vested in the board of directors. The board consists of the commissioner of commerce, community, and economic development, the commissioner of transportation and public facilities, and five members appointed by the governor. The five appointe…
AS 42.40.030 Term of office.
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Except for the commissioner of commerce, community, and economic development and the commissioner of transportation and public facilities, members of the board serve for staggered terms of five years each at the pleasure of the governor.
AS 42.40.040 Vacancies.
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(a) Except for the commissioner of commerce, community, and economic development and the commissioner of transportation and public facilities, a vacancy on the board is filled by appointment by the governor, and the appointment must be confirmed by the members of the legislature …
AS 42.40.050 Compensation and expenses.
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(a) An appointed member of the board is entitled to compensation at a rate of $400 for each day the member is engaged in the actual performance of duties as a member of the board. The board may provide by rule for compensation for partial days during which an appointed member is …
AS 42.40.060 Board officers.
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Article 2. Management. (a) The board shall elect from its membership a chairman and vice-chairman and prescribe their duties by rule. (b) The board shall appoint a secretary and prescribe the duties of the secretary.
AS 42.40.100 Management by the board.
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The board is responsible for the management of the corporation but shall delegate certain powers and duties to the chief executive officer in accordance with AS 42.40.120. In managing the corporation, the board shall (1) be responsible for the management of the financial and lega…
AS 42.40.110 Executive officers.
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(a) The board shall appoint the chief executive officer of the corporation who serves at the pleasure of the board. The board shall fix compensation for the chief executive officer. (b) The chief executive officer of the corporation shall appoint and fix the compensation for othe…
AS 42.40.120 Delegation.
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Article 3. Administrative Provisions. (a) The board shall by rule delegate to the chief executive officer powers and duties necessary or appropriate for the management of the daily affairs and operations of the corporation. The board may by rule require the exercise of a delegate…
AS 42.40.150 Meetings of the board.
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(a) The chairman of the board shall call meetings of the board at least once every three months. The chairman or a majority of the members of the board may call other meetings of the board as necessary. The chairman shall preside at meetings. (b) Except for executive sessions, th…
AS 42.40.160 Quorum and voting.
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(a) Four voting members of the board constitute a quorum for the transaction of business. (b) Four affirmative votes are required for board action. The board shall provide by rule for the manner of voting, except that the board may not provide for voting by proxy. The rules may p…
AS 42.40.170 Executive sessions.
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(a) The question of holding an executive session shall be determined in accordance with AS 42.40.160. A subject may not be considered at an executive session unless it is mentioned in the motion calling for the executive session or is auxiliary to a subject mentioned. An action m…
AS 42.40.180 Rules.
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(a) The board shall adopt rules to carry out its functions and the purposes of this chapter, including rules to safeguard property owned, managed, or transported by the corporation and to protect employees and persons using the corporation's property or services. At least 15 days…
AS 42.40.190 Emergency rules.
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(a) The board shall establish in the bylaws of the corporation a procedure for the adoption of a rule on an emergency basis. An emergency rule may be adopted only when necessary for the orderly operation of the corporation's facilities or programs. The requirements of AS 42.40.18…
AS 42.40.200 Validity of rules.
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(a) Failure to mail notice to a person under AS 42.40.180(a) or 42.40.190(a) does not invalidate an action taken by the board. (b) An interested person may challenge a rule adopted by the board by bringing an action in the superior court. In addition to other grounds, a court may…
AS 42.40.205 Application of AS 42.40.180 and 42.40.190.
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Adoption of a rule is not subject to AS 42.40.180 or 42.40.190 if it (1) relates only to the internal management of the corporation; (2) relates to specific rates, tariffs, divisions, and contract rate agreements; (3) relates to service schedules of the railroad; (4) is directed …
AS 42.40.210 Previously adopted rules and orders.
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The board may provide by resolution that rules and orders in effect on the date of transfer remain in effect until amended or repealed by the board. AS 42.40.180 does not apply to actions taken under this section.
AS 42.40.220 Public disclosure of information.
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(a) Except as provided under (b) of this section, information in the possession of the corporation is public and is open to public inspection at reasonable times. (b) The corporation may by rule designate and withhold public disclosure of matters of a privileged or proprietary na…
AS 42.40.230 Conflicts of interest. [Repealed, §§ 103, 198 ch 74 SLA 1998.]
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Article 4. Powers and Duties.
AS 42.40.250 General powers.
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In addition to the exercise of other powers authorized by law, the corporation may (1) adopt a seal; (2) adopt bylaws governing the business of the corporation; (3) sue and be sued; (4) appoint trustees and agents of the corporation and prescribe their powers and duties; (5) hire…
AS 42.40.260 Annual report.
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(a) Within 90 days following the end of the fiscal year of the Alaska Railroad, the board shall present to the governor a report describing the operations and financial condition of the corporation during the preceding fiscal year. The report may include suggestions for legislati…
AS 42.40.270 Audits.
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(a) The board shall have the financial records of the corporation audited annually by an independent certified public accountant experienced in railroad accounting. The board shall have an annual performance audit conducted by a recognized railroad management expert to assure tha…
AS 42.40.280 State oversight reports.
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(a) The board shall provide a state oversight report to the governor and the legislature before undertaking (1) expansion, reduction, or diversification of services provided by the railroad upon the date of transfer or as provided under this chapter that the board determines woul…
AS 42.40.285 Legislative approval required.
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Unless the legislature approves the action by law, the corporation may not (1) exchange, donate, sell, or otherwise convey its entire interest in land; (2) issue bonds; (3) extend railroad lines; this paragraph does not apply to a spur, industrial, team, switching, or side track;…
AS 42.40.290 Long-range capital improvement and program plan.
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(a) The corporation shall prepare and the board shall adopt a long-range capital improvement and program plan. The plan must explain the manner in which the corporation intends to accomplish the purposes of this chapter and the corporation's anticipated capital improvements durin…
AS 42.40.300 Use of corporation assets.
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The corporation shall apply all money, property, other assets, and credit of the corporation toward activities authorized by this chapter. The corporation may not issue shares of stock, pay dividends, make private distributions of assets, make loans to board members or employees,…
AS 42.40.310 Indemnification.
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Article 5. Corporation Property. (a) The corporation may defend and indemnify a current or former member of the board, employee, or agent of the corporation against all costs, expenses, judgments, and liabilities, including attorney's fees, incurred by or imposed upon that person…
AS 42.40.350 Land.
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(a) The corporation shall receive from the United States and, in its own name, take title to all rail property transferred under 45 U.S.C. 1201 — 1214 (Alaska Railroad Transfer Act of 1982), except that the corporation does not have authority over any right, title, or interest in…
AS 42.40.352 Sale of land not necessary for railroad purposes.
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(a) The corporation may sell land if the board finds (1) the land is not necessary for railroad purposes, and (2) the sale of the land is in the best interest of the state. The sale of land is subject to the terms and conditions of AS 42.40.285, 42.40.350(d), and this section. (b…
AS 42.40.355 Prohibition.
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Notwithstanding any other provision in this chapter, the state-owned railroad as defined under 45 U.S.C. 1202(14) may not apply for a right-of-way across, or exercise eminent domain in, the western (Kobuk River) unit of the Gates of the Arctic National Preserve under 16 U.S.C. 41…
AS 42.40.360 Request for land.
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(a) The board may nominate federal land it determines may be useful for present or future railroad purposes for selection under the Alaska Statehood Act (P.L. 85 — 508, 72 Stat. 339), as amended, and request the commissioner of natural resources to select the land for the state t…
AS 42.40.370 Conveyance of land.
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(a) Within 90 days after receiving a request under AS 42.40.360(b) the commissioner of natural resources shall by written decision (1) designate the identified land for railroad purposes and, subject to valid existing rights, convey the state's interests in the land to the corpor…
AS 42.40.380 Use of state land.
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When emergency conditions require that track or other right-of-way fixtures of the corporation be moved from the existing location and relocated on state land adjacent to or in the vicinity of the existing right-of-way and the chief executive officer determines that relocation is…
AS 42.40.385 Eminent domain.
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(a) The corporation may exercise the power of eminent domain under AS 09.55.240 — 09.55.460 to acquire land for railroad transportation purposes consistent with this chapter. Notwithstanding AS 09.55.250, the corporation may acquire a fee simple title whenever, in the judgment of…
AS 42.40.390 Land use rules.
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The board may adopt exclusive rules governing land use by parties having interests in or permits for land owned or managed by the corporation. The power conferred by this section is exercised for the common health, safety, and welfare of the public and to the extent constitutiona…
AS 42.40.400 Vacation of easements.
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The corporation may vacate an easement acquired under this chapter by executing and filing a deed in the appropriate recording district. If the easement was acquired by the corporation under 45 U.S.C. 1201 — 1214 (Alaska Railroad Transfer Act of 1982), the state shall acquire the…
AS 42.40.410 Federal land.
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Except as provided in AS 42.40.285(5), the corporation may submit applications on its own behalf as an instrumentality of the state for acquisition of federal land available under federal law that will enhance the operations of the corporation if it is available under a federal l…
AS 42.40.420 Public use of railroad land.
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Upon request of a municipality or the state, the corporation may authorize use of railroad land for public purposes. Subject to AS 42.40.350(b), the corporation shall authorize a walkway or a trail if the board first finds in writing that the proposed walkway or trail will not cr…
AS 42.40.430 Acquisition of government property.
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The corporation, as an instrumentality of the state, may acquire in its own name from the United States under 40 U.S.C. 101 et seq. or other law, property under the control of a federal department or agency that is useful for the corporation's purposes. The corporation may acquir…
AS 42.40.435 Exchange of land.
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The corporation may exchange land subject to AS 42.40.285. The corporation is an instrumentality and agency of the state for purposes of exchanging land with the United States, municipalities, corporations including corporations formed under 43 U.S.C. 1601 — 1628 (Alaska Native C…
AS 42.40.440 Use of pesticides and herbicides.
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Vegetation control involving the use of pesticides or herbicides on land owned or managed by the corporation may be conducted only in compliance with state requirements applicable to other state pesticide or herbicide use.
AS 42.40.450 Adverse possession.
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No prescription or statute of limitations runs against the title or interest of the corporation to or in land owned by the corporation or under its jurisdiction. Title to or interest in land owned by the corporation or under its jurisdiction may not be acquired by adverse possess…
AS 42.40.460 Extension of the Alaska Railroad.
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(a) The corporation may delineate a proposed transportation corridor between the existing railroad utility corridor of the Alaska Railroad and the border of Alaska and Canada. The transportation corridor shall be 500 feet wide except where, in the corporation's discretion, physic…
AS 42.40.465 Extension of the Alaska Railroad to connect with the North American railroad system.
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Article 6. Financial Provisions. (a) The corporation may investigate extension of the Alaska Railroad from the border of Alaska and Canada to connect with the North American railroad system. The corporation may acquire land or interests in land in Canada as the corporation consid…
AS 42.40.500 Limitation of liability.
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A liability incurred by the corporation shall be satisfied exclusively from the assets or revenue of the corporation and no creditor or other person has a right of action against the state because of a debt, obligation, or liability of the corporation.
AS 42.40.510 Fidelity bond.
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The corporation shall obtain a fidelity bond in an amount determined by the board for board members and each executive officer responsible for accounts and finances. A bond must be in effect during the entire tenure in office of the bonded person.
AS 42.40.520 Insurance.
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Except as provided in AS 42.40.310(b), the corporation shall protect its assets, services, and employees by purchasing insurance or providing for certain self-insurance retentions. The corporation shall also maintain casualty, property, business interruption, marine, boiler and m…
AS 42.40.530 Revenue.
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Revenue generated by or appropriated to the corporation shall be retained and managed by the corporation for railroad and related purposes in accordance with 45 U.S.C. 1207(a)(5) (Alaska Railroad Transfer Act of 1982).
AS 42.40.540 Appropriations.
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Article 7. Specific Projects. The corporation may request, with the concurrence of the governor, a direct appropriation or grant from the legislature to assist in carrying out the provisions of this chapter.
AS 42.40.550 Extension of railroad to Fort Greely.
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The corporation may acquire a transportation corridor between the existing railroad corridor and Fort Greely, Alaska, and construct a rail line within the corridor to provide rail service to the Fort Greely area and points between. The transportation corridor may be designated fo…
AS 42.40.560 North Slope natural gas pipeline.
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[Repealed or reserved.]